Drafting and negotiating IP terms in research contracts

09:45 Introduction to the course

What are the key intellectual property (IP) terms and why are they important? Which IP issues come up frequently and how are they often addressed?

10:15 Research agreements generally
Meaning of Background and Foreground IP and similar terms Terms on introducing/excluding IP from the research collaboration Liabilities for introducing “tainted” IP; warranties and due diligence Ownership of Foreground IP; issues arising from joint ownership Commercialisation rights to Foreground and Background IP Decision-making and management of IP, including payment of costs
[comfort break at 15:00]

11:15 Specific types of research agreement and associated IP issues
EU Framework VII consortium agreements (and Annex II to grant conditions) UK Government funding terms, including Knowledge Transfer Partnerships HEFCE and similar grant terms Charitable grant terms, including Wellcome Trust and Gates Foundation Lambert agreements; clinical trials agreements (including NHS standard terms) Terms usually required by US universities
[comfort break at 16:00]

12:45 Group drafting/negotiation exercises; answers

13:15 End of first day

DAY TWO

09:45 IP terms in preliminary agreements
Letters of intent and MOUs Material transfer and supply agreements (academic and commercial), including Brunswick Human tissue MTAs and patient consent forms Confidentiality agreements Option and evaluation agreements

10:30 IP terms in commercial agreements
Commercial development agreements Joint venture agreements Licence agreements Contracts of sale and purchase
[comfort break at 11:00]

11:45 Detailed drafting issues in IP terms
Defining the IP; options and rights of first refusal; licences and assignments; joint ownership terms
[comfort break at 12:00]

12:15 Workshop on IP terms
Group discussion of some sample IP terms (to extent time permits)

13:00 Course ends

The course has been designed, and will be run, by Mark Anderson. His credentials are:

Solicitor: He is a practising solicitor, who is recommended in Chambers Directory for both life science transactions and IP. He is recommended in the international guide, IAM Patent 1000, as a leading UK lawyer in the field of IP licensing. His blog on IP contracts, IP Draughts, was made a member of the Blawg100 by the American Bar Association in 2012. He is a Certified Licensing Professional (a qualification established by the Licensing Executives Society (US and Canada)).

Author: He is the author or co-author of 7 practitioner texts on IP and contract drafting subjects, published by OUP, LexisNexis, Bloomsbury and Law Society Publishing. They include:

Technology Transfer (4th edn, Bloomsbury, 2020). ‘All practitioners who deal with technology transfer arrangements in England and Wales should own a copy of this work.’ (Journal of E-commerce, Technology and Communications)

Drafting and Negotiating Commercial Contracts (4th edn, Bloomsbury, 2015). ‘It is one of the best, if not the best, texts on the principles of commercial drafting… The material is extremely well written and accessible.’ (Student Law Journal).

Execution of Documents (3rd edn, Law Society, 2015). ‘This is, for a highly technical law book, a riveting read. Keep it on your shelves and you’ll be confident that you will have the answer to most issues about how to make a legal document work.’ (New Law Journal)

A-Z Guide to Boilerplate and Commercial Clauses (4th edn, Bloomsbury, 2017). ‘An extremely useful reference work, the book will be of great benefit to in-house counsel drafting commercial contracts’ (the In-House Lawyer). ‘[The book] is very useful and I hope that it will reach a wider audience.’ (His Honour Humphrey Lloyd QC, The International Construction Law Review).

Drafter: He and his colleagues have drafted hundreds of precedents for commercial contracts, which have been published by OUP, LexisNexis and others.

Trainer: He has run CPD courses on contract drafting subjects for the last 20 years, and is the course director of a 5-day course, Intellectual Property Transactions: Law and Practice, which is run by the Institute of Brands and Innovation Law at University College London

Standard Ticket = £600
IBIL Sponsor / UCL Alumni = £510
Academic institutions / NGOs = £510

Book online at: https://ucl-online-drafting-and-negotiating-ip-terms.eventbrite.co.uk

This course will delivered via Zoom. You will need to download Zoom to your computer or use the online version of Zoom. You will be sent the meeting id number and password on the Friday before your course.

Course materials will be delivered to you via a dedicated sharepoint site for the course.

General
All cancellations and refund requests must be made in writing 10 full working days (Monday to Friday) prior to the start of the event to the Laws events team (or to the contact person for the event).

If the above notification period is not given, or in the event of non-attendance, then the following cancellation fee applies:
- £25 for a half-day workshop
- £50 for one day workshop

UCL Laws reserves the right to make changes to the programme, location and/or speakers without prior notice. Such alterations are occasionally necessary due to circumstances beyond our control.

During the event, please ensure that your attendance is noted each day to avoid being charged the cancellation fee - this will normally be by signing an attendance sheet at registration.

Refunds
Refunds will be made to the payment method used for the original payment, ie if you paid via card you will receive your refund to your card, less any cancellations fees (if applicable).

Illness
In the event of non-attendance due to illness, a doctor’s certificate must be provided, otherwise the full cancellation fee will be charged. Individuals who withdraw after the start of an course will still be liable for the cancellation fee as outlined above.

Cancellation and non-attendance for paid events
An individual who has registered for an event who doesn't provide the required 10 working days notice and who fails to attend will NOT receive a refund. This is due to administrative, speaker and catering costs incurred by the department (and your place could have been allocated to another individual).

Attendees are welcome to send a substitute without incurring a charge, provided UCL Laws is notified in writing (please email laws-events@ucl.ac.uk or the event contact person) three full working days prior to the event.

Unforeseen circumstances
UCL Laws reserves the right to cancel or re-schedule an event due to unforeseen circumstances. In the unlikely event of cancellations, UCL Laws will refund the full amount of the registration fee (if applicable). However, personal expenses incurred by the attendee are non-refundable by UCL Laws.

If you have any queries about this course please contact Lisa Penfold at the UCL Faculty of Laws by emailing lisa.penfold@ucl.ac.uk